Throughout our lives, the people closest to us may not be able to take care of themselves. Children, for example, require constant care from a trusted adult. As we age, we may face medical issues or cognitive delays that prevent us from managing our finances and property. Furthermore, people with physical or mental disabilities may need support from their parents and loved ones throughout their lives. These people deserve all the support and protections they can get, and that’s where conservatorships and guardianships offer a solution.
Conservatorships and guardianships were designed with your most vulnerable loved ones in mind. However, it’s important to know that these terms mean different things depending on which state you live in. Whether you’re exploring options of conservatorships for adults or taking guardianship of a minor, the attorneys at Crow Estate Planning & Probate wants to make sure you and those close to you have their assets protected.
Guardianship is when an adult is court-appointed to care for the health and well-being of an individual who cannot do so themselves. Guardianship cases often come up when a child loses their family or an adult has some form of physical or mental disability, whether it be a lifelong condition or sudden injury. Typically, the guardian is a family member, friend, or someone else closely related to the individual.
Potential guardians are required to convince the court and jury that they would be a suitable guardian and able to handle the individual’s life, personal care, health care, education, and career. They may also have to continuously prove that throughout the guardianship. When the guardianship involves a minor, it ends when the child turns 18.
In Kentucky, the term guardianship is used when an individual over the age of 18 needs an appointed individual to manage their affairs and assets, similar to how a conservatorship is used in other states.
Conservatorships, on the other hand, delegate a person to care for the individual’s property, healthcare and finances. The court process for applying conservators is similar to that of potential guardians, and in cases where both are necessary, the same person can apply for both roles.
Once granted conservatorship, the conservator will handle all of the individual’s income, assets, properties, debts, and other financial matters. Like guardians, they may also be subject to audit. Before a conservator can sell or transfer any of the individual’s assets, they must have court approval to do so.
While conservatorships and guardianships give someone full control over an individual’s property, or well-being, protection to this extent may not be suitable for everyone. Many people can handle some of their personal and financial matters but need help with others. In this case, the court may approve a limited guardianship or conservatorship, which places more limitations on how a conservator or guardian can act on the other person’s behalf.
Regardless of the type of guardianship or conservatorship you apply for, note that the person approved will become responsible for the individual’s debts and expenses as they come up. In most cases, these roles are lifelong appointments. The exceptions are when a minor ages out and an adult recovers from their injury or is otherwise ready to become independent.
Crow Estate Planning & Probate’s lawyers for conservatorships and guardianship are prepared to guide you through every step of our process. We bring our extensive legal knowledge to every case and ensure all documentation is complete and filed to expedite the process. Becoming a conservator or guardian can change your life in an instant, and we’ll make sure you’re prepared to navigate any legal situation. Connect with a conservatorship or guardianship attorney today — we offer free consultations so you can learn about your options before you decide to move forward.
We are very thankful for Mr. Crow and his team as they handled our estate planning, taking care of all our needs with ease. (Estate, Wills, POA’s, LLC’s, etc.) He came highly recommended, and we quickly learned why. Mr. Crow and staff were knowledgeable, professional, informative, and understanding of our situation. Highly recommend!
Mr Crow and his staff are amazing! Especially the person assigned to my account, so a special thank you to Callie! Callie answered all of my questions and set expectations during a very confusing time in my life. Mr Crow and his team worked diligently with my specific situation and were very results driven. I would recommend Crow Estate Planning and Probate to anyone looking for an estate or probate attorney.
Today my wife and I completed (at Crow Estate Planning and Probate) our Will, Living Will, Power of Attorney for Finance and Medical. As a Tennessee CPA for over 20 years (now retired), I’d like to leave this review so that others may benefit. Our experience rating with with Crow Estate Planning and Probate is EXCELLENT. Our legal team was Kyle Shannon, Callie and Julia. This team was competent, courteous, and professional. They made a potentially complex experience “easy” despite multiple minor trusts involved. The charge for professional services rendered was very reasonable. My wife (Denise) and I would like to thank Kyle and his team (Callie and Julia) for a great experience that exceeded our expectations. I will return for legal needs and I will refer family and others to Kyle, Callie and Julia.
I’m very grateful to Mr. Shannon and Callie for the great job they did taking care of my muniment of title. Everyone in Mr. Shannon’s office was exceedingly kind and helpful.
They are caring, very helpful and not too expensive. I would recommend them to anyone that wants to plan for their future death and their children.
Crow Estate Planning was caring, professional and took great care of our family. John personally prepared my mother’s estate and completed her final wishes. Their staff was always friendly and eager to assist. Our family strongly recommends John and Crow Estate Planning
Mr. Crow and his staff were very knowledgeable, prompt and pleasant to work with in the estate planning process. Very satisfied clients and highly recommend!
Working with Kyle Shannon and Brittney Stewart to setup our Living Trust was nothing short than amazing! Very informative, very responsive, and made the whole process easy to complete.
It was an absolute pleasure to work with Kyle establishing my Estate planning needs. Kyle was very thorough and knowledgeable. Kyle’s understanding and professionalism made for a simple and smooth process. Highly recommended!
Be far the best estate planning firm in Clarksville.